A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 1, 2008, the Defendant was sentenced to a suspended sentence of six months due to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (drinking driving), and on March 2, 2015, the Defendant was issued a summary order of five million won due to a violation of the Road Traffic Act (dacting driving) at the Seog Branch of the Daegu District Court on March 2, 2015, and was issued five times more in the records of drinking driving, and three times more in the non-licensed driving power.

The Defendant, on March 30, 2016, stated in the indictment “3. 20.” is a clerical error in the “3. 30.” As such, the Defendant, ex officio, recognized as above.

22:13 On the other hand, at the section of about about 1 k from the front side of the 34-2 picon cafeteria, Daegu-gu, Daegu-ro, to the front side of the 100 East-gu, the vehicle driven D low alcohol content of which is 0.172% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times when the defendant was punished due to drinking or non-licensed driving (seven times as a fine, one time as a suspended sentence), and the time when the defendant was punished due to drinking or non-licensed driving, the amount of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and other various sentencing factors indicated in the argument of this case, including the circumstances after the crime, shall be determined as ordered.